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Class Actions and the Future

It is undeniable that technology continues to progress at a rapid pace, while employers and courts scramble to keep up with the myriad of ever-evolving issues that this creates. Part I of this white paper will address the integration of social media and class actions, with a large focus on the dissemination of notice to class members; Part II will discuss the impact that big data has on class action litigation and recommended best practices; Part III will examine the controversial Fairness in Class Action Litigation Act of 2017 bill and what this would mean for class actions moving forward if passed; Part IV will discuss remote clocking in and out by employees; Part V will review the proposed changes to Fed. R. Civ. P. 23 (“Rule 23”), with a focus on the acceptability of electronic notice as a means to inform potential class members of a pending lawsuit; Part VI will summarize the top settlement trends over the past two years; and, finally, Part VII will discuss the impact that the Trump Administration could have on our court system, specifically the recent appointment of the Honorable Neil McGill Gorsuch to succeed Justice Antonin Scalia on the U.S. Supreme Court.

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In a decision important to class action practice, the U.S. Supreme Court has held that Federal Rule of Civil Procedure 23(f), which establishes a 14-day deadline to seek permission to appeal an order granting or denying class certification, is not subject to equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094 (Feb. 26, 2019...
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Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:
Are You My Employee? – Distinguishing independent contractors and employees
Prevention Pointer – Is an “independent contract” enough?...
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The Illinois Supreme Court has ruled that individuals need not allege actual injury or adverse effect, beyond a violation of his or her rights under the Illinois Biometric Information Privacy Act (BIPA), in order to qualify as an “aggrieved” person and be entitled to seek liquidated damages, attorneys’ fees and costs, and injunctive...
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*Honolulu, Hawai‘i is through an affiliation with Jackson Lewis P.C., a Law Corporation
**The National Operations Center serves as the firm's central administration hub and houses the firm's Facilities, Finance, Human Resources and Technology departments.

*Honolulu, Hawai‘i is through an affiliation with Jackson Lewis P.C., a Law Corporation
**The National Operations Center serves as the firm's central administration hub and houses the firm's Facilities, Finance, Human Resources and Technology departments.